The National Law Journal

March 27, 2006 | National Law Journal

In a commercial tenancy, the tenant typically must obtain consent of the landlord to assign or sublet the premises. But in the reverse, albeit somewhat less common, situation, commercial landlords may also need their tenants� consent to develop property.

By Howard D. Geneslaw and Jason R. TuvelSpecial to The National Law Journal

10 minute read

January 29, 2007 | National Law Journal

Jurors, opposing counsel, even judges make decisions immediately about trial attorneys based on what they can perceive in a matter of seconds.

By Tara Trask/Special to The National Law Journal

11 minute read

December 01, 2008 | National Law Journal

A federal judge's ruling in Kitzmiller v. Dover Area Sch. District declared the teaching of intelligent design as an alternative to Darwinian evolution a violation of the establishment clause of the Constitution. The growing importance of religious fundamentalism in the country warrants a reminder of the decision, for the issues in the case have profound significance for the progress of science and technology generally, essential to the future development of the country.

By Joseph D. Becker / Special to The National Law Journal

5 minute read

October 20, 2003 | National Law Journal

As a candidate for the Pennsylvania Supreme Court, Max Baer has been exercising new speech freedoms the U.S. Supreme Court granted last year when it loosened judicial campaign restrictions.

By Emily HellerSpecial to The National Law Journal

9 minute read

January 09, 2006 | National Law Journal

In a ruling that will surprise many employers, the 8th U.S. Circuit Court of Appeals ruled that juries-not employers-get to decide whether an employee's report of harassment is false, if the employer takes an adverse employment action against the reporting employee.

By Jason R. BentSpecial to The National Law Journal

10 minute read

September 01, 2008 | National Law Journal

Even for litigation-tested U.S. companies, discovery can be a jarring, disruptive and expensive experience. For companies centered in Asia that have never experienced the process, the uniquely sweeping nature of U.S. discovery can make this exercise a particularly puzzling and painful one that defies the normal business expectations even of the most sophisticated companies.

By J. Steven Baughman, Hiroyuki Hagiwara and Kaede Toh / Special to The National Law Journal

10 minute read

September 08, 2003 | National Law Journal

Throughout the 20th century there were reported cases of "mixed dust" lung diseases. Mixed-dust disease claims have the potential to get around both the asbestos exclusion now common to commercial general liability policies and asbestos disease-specific legislation.

By Mark Love and Scott GoldbergSpecial to The National Law Journal

11 minute read

October 29, 2007 | National Law Journal

In the 1960s, the U.S. Department of Justice followed a policy known as the "Nine No-Nos" with regard to patent pools: nine licensing practices DOJ considered per se antitrust violations - a policy it eventually retreated from. This past April, DOJ and the Federal Trade Commission published a report on six elements, or "maybes" - not prohibitions or safe harbors - that agencies and courts consider in determining whether a patent pool passes antitrust muster.

By Mark E. Miller and David S. Almeling / Special to The National Law Journal

11 minute read

February 16, 2004 | National Law Journal

While no one can argue that there's plenty of brain power on the U.S. Supreme Court, what the court does lack is a jurist with recent experience in the real world of costly, high-stakes litigation. This is having a deleterious effect on some of the court's decisions.

By Luther T. MunfordSpecial to The National Law Journal

4 minute read

March 16, 2009 | National Law Journal

With the seizing up of the financial markets, churning of industries and work force dislocations, there is no question that economic turmoil is hurting Main Street. The stagnant financial markets have also created new and unanticipated business risks and disclosure issues for publicly traded companies. During these troubled economic times, public company directors and officers should carefully review their business plans, evaluate their liquidity and cash requirements and assess their business risks.

By Dane A. Holbrook / Special to the National Law Journal

11 minute read